The application of any overtime exemption should be examined and determined on a case-by-case basis. Misclassification of jobs as exempt from overtime is a common violation of federal and Kentucky state law. That said, the court in Young v. Cooper Cameron Corporation ruled that "where most or all employees in a particular job lack advanced education and instruction, the exemption is inapplicable."
The court added: "If a job does not require knowledge customarily acquired by an advanced educational degree -- as for example when many employees in the position have no more than a high school diploma -- then, regardless of the duties performed, the employee is not an exempt professional under the FLSA."
You can read the court's decision here.
Lexington, Kentucky overtime lawyer Robert Abell represents individuals and employees seeking to recover the wages and overtime they've earned but not been paid; contact him at 859-254-7076.
